What Can Employers Disclose About Former Employees?

When it comes to hiring new employees, employers often request references from previous employers to gain insight into the candidate’s work ethic, skills, and behavior. But what information can employers legally disclose about former employees?

What is Employee Reference Checking?

Employee reference checking is a process where employers contact previous employers to verify the candidate’s work history, job duties, and performance. This process helps employers make informed hiring decisions and avoid costly hiring mistakes.

What Information Can Employers Disclose?

Employers can disclose certain information about former employees, including:

• Job title and duties
• Dates of employment
• Salary
• Reason for leaving
• Performance evaluations
• Attendance records
• Workplace conduct

It’s important to note that employers should only disclose information that is truthful and accurate. They should also obtain written consent from the former employee before sharing any information.

What Information Can Employers Not Disclose?

Employers are prohibited from disclosing certain information about former employees, including:

• Medical information
• Personal information
• Membership in a protected class (e.g., race, gender, religion, age, disability, etc.)
• Unsubstantiated allegations or rumors

Employers who disclose this information may face legal consequences, such as a lawsuit for defamation or discrimination.

How Can Employers Protect Themselves?

To protect themselves from legal liability, employers should:

• Obtain written consent from the former employee before sharing any information
• Disclose only information that is truthful and accurate
• Be consistent in the information they disclose about all former employees
• Avoid making subjective or unsubstantiated statements
• Have a policy in place for responding to reference requests
• Train employees on the company’s reference policy

Conclusion

Employee reference checking is an important part of the hiring process, but it’s essential for employers to know what information they can and cannot disclose about former employees. By following best practices and having a clear policy in place, employers can protect themselves from legal liability and make informed hiring decisions.

FAQs

1. Can employers disclose information about a former employee’s medical history?

No, employers are prohibited from disclosing medical information about former employees.

2. Can employers disclose information about a former employee’s membership in a protected class?

No, employers are prohibited from disclosing information about a former employee’s membership in a protected class.

3. Should employers obtain written consent before sharing information about a former employee?

Yes, employers should obtain written consent from the former employee before sharing any information.

4. What should employers do if they receive a reference request for a former employee?

Employers should have a policy in place for responding to reference requests and should only disclose information that is truthful and accurate.

5. What can employers disclose about former employees?

Employers can disclose certain information about former employees, including job title and duties, dates of employment, salary, reason for leaving, performance evaluations, attendance records, and workplace conduct.